NMA LEGISLATIVE UPDATE

PLEASE SUPPORT HB1755(Companion bill SB5391)DISCOVER PASS REQUIREMENT LANGUAGE CLARIFIED
In addition to Senate Bill SB5391, we have successfully lobbied to have an identical House of Representatives version introduced. By working the issue in both chambers of the Legislature this increases our chances of success before the end of the 2013 legislative session.

The Department of Natural Resources is misapplying the D-pass requirements for dual registered vehicles and saying that if you have a street plate then you must have a D-pass too. They are choosing to ignore the law that clearly says that the D-pass is only required if a street plate is required.

Representative David Hayes has stepped up on the House of Representative side and is the prime sponsor of this NMA written bill.

Just like SB5391, House Bill HB1755 simply adds “vehicles with a valid offroad vehicle permit at locations where offroad vehicle activity is allowed” to the list of exempt vehicles.

As original written, the Discover Pass legislation enacted in 2011 limited the requirement to motor vehicles required to be licensed for street use. The intent was to exempt offroad vehicle where offroad vehicle use is allowed because access to these areas is funded by the purchase of an offroad vehicle (ORV) use permit.

To require the purchase of a Discover Pass in addition to the ORV permit would be charging these vehicle owners twice for the exact same public land access.

This language seemed to be clear and understood by the applicable state agencies. Unfortunately there is confusion when it comes to vehicles that are dual registered as both street legal motor vehicles and offroad vehicles. Because these dual registered vehicle are not required to have street license plates while at ORV use areas, they are exempt from the Discover Pass requirements during that time.

Unfortunately the DNR is misapplying the requirement and claiming that any vehicle with a street license must have a Discover Pass regardless of whether or not the street license is required.

We continue in good faith attempted to educate Commissioner Goldmark and his staff concerning this misapplication of the Discover Pass requirement, but have failed to cause him to change his agency’s erroneous policy.

Hitting that impasse, we are left with no other choice than to seek legislative relief.

HB1755 has been assigned to the House Appropriations Subcommittee on General Government and if you support it, please let them know.